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Res 116-2013 11/5/2013RESOLUTION NO. 116-2013 Resolution Authorizing The City Manager To Execute A Contract With Work Services Corporation For Services Provided By Vocationally Handicapped Persons, In A Total Amount Not To Exceed $83,200 WHEREAS, the City Council of Wichita Falls desires to contract with the Work Services Corporation for services provided by vocationally handicapped persons during the 2013-14 fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute the attached Contract with Work Services Corporation for services provided by vocationally handicapped persons for the 2013-14 fiscal year, in a total amount not to exceed $83,200, with such changes as are approved by the City Attorney. PASSED AND APPROVED this the 5th day of November, 2013. M A Y O R ATTEST: City Clerk CONTRACT WITH WORK SERVICES CORPORATION This contract is made and entered into this the 16th day of October, 2013, by and between the City of Wichita Falls, Texas, hereinafter referred to as "City" and the Work Services Corporation, hereinafter referred to as "Contractor." WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties do hereby agree as follows: 1. Scope of Services. The Contractor agrees to provide the City vocationally handicapped persons to conduct the following duties: a. Cleaning and sweeping curbs and gutters b. Picking up litter and debris c. Power hand mowing d. Power hand trimming e. Clearing and cleaning storm drains f. Removing growth from concrete and other surfaces g. Cutting brush and shrubs h. Other general cleaning and maintenance of property using hand tools The program of work for the vocationally handicapped employees will be as follows: a. Under the supervision of the Streets Department, one (1) employee will be utilized for janitorial services thirty (30) hours per week, excluding Holidays. b. Under the supervision of the Parks Department, four (4) employees will be utilized forty (40) hours per week, excluding Holidays and rain days. Should the Parks Maintenance Superintendent determine that fewer or additional employees are needed during a work week, he shall notify the Contractor of such no less than forty-eight (48) hours in advance. 2. Term of Contract. The term of this agreement shall be for the one-year period beginning October 1, 2013 and ending September 30, 2014, subject to satisfactory performance by the Contractor as outlined herein. 3. Compensation. The City shall reimburse the Contractor for the costs of the services provided at a rate of $10.11 per man-hour of direct labor documented by the Contractor according to standard accounting practices and billed on a monthly basis. The hourly rate shall be adjusted in accordance to any federal increases in the minimum wage. However, total annual payment to the Contractor shall not exceed 83,200, unless mutually agreeable to both parties. The Contractor will be responsible for any paid holidays, sick leave or vacation days. 4. Supervision. The City shall provide supervision for all contract work. 5. Training. The training for all employees will be provided by the City. 6. Equipment. The City shall provide a vehicle for the transportation of workers to the job site. The vehicle shall be stored, maintained and fueled at the expense of the City. The City shall supply any additional vehicles, tools or materials needed to carry out this agreement. However, the City may accept any donations of tools and other materials that may be authorized by other agencies designed for the use of vocationally handicapped persons. 7. Work Assignments. The Contractor shall be responsible for completing work assignments thoroughly and satisfactorily, with the acceptability of the work performed to be determined by the City. The Contractor shall be responsible for informing the Extended Rehabilitation Services supervisor at the Texas Rehabilitation Commission of work assignments. At the City's option, cost effectiveness analyses of the Contractor's services performed hereunder may be conducted. Such cost effectiveness analyses shall be the result of joint efforts between the City and the Contractor, with the City determining the time frame in which the analyses shall be accomplished. 8. Work Site. Employees shall report to work at the Park Maintenance Shop area located at 3315 Ninth Street. The starting time for employees shall be 8:00 a.m. during the winter months and 7:00 a.m. during the summer months. Starting times may be adjusted upon mutual agreement of both parties. 9. Insurance. It is expressly intended and understood that the Contractor shall operate hereunder as an independent contractor as to all rights and privileges herein contained, and nothing herein shall be construed as creating a partnership or joint enterprise between the Contractor and the City. The Contractor further covenants and agrees to indemnify, hold harmless and defend the City and its respective agents, servants and employees from and against any and all claims for damages or injuries to persons or property to whatsoever kind of character, whether real or asserted, arising out of or incident to the Contractor's operations arising under or incident to the provisions of this contract. Furthermore, the Contractor hereby assumes as between the parties to this contract all liability and responsibility for injuries, claims or suits for damages to persons or property of whatsoever kind or character, whether real or asserted, occurring during the term of this agreement arising out of or by reason of the Contractor's operations arising under or otherwise incident to the provisions of this contract. The Contractor shall provide, at its own expense, the following insurance coverage: a. Worker's compensation insurance for all employees. b. Comprehensive general liability insurance with bodily injury limits of $250,000 per person or $500,000 per occurrence and property damage limits of $100,000 per occurrence. c. Excess umbrella liability insurance in the amount of $1,000,000. The policies of insurance stated in Section 9. b. and 9. c. shall state that the City is additionally insured and that no term of policy will be altered, nor will the policy be canceled without thirty (30) days written notice to the City. A certificate of insurance shall be filed with the City on each policy of insurance stated in Section 9. b. and 9. c. 10. Termination of The Contract. This agreement shall continue in full force and effect until the expiration of the term set forth above. If either party fails to fulfill their obligations under this contract in a timely and proper manner, the other party shall have the right to terminate this contract for cause. Written notice stating the grounds for termination will be given the other party, not less than thirty (30) days prior to the effective date of such termination. If either party to the contract should desire to terminate the contract prior to the date of expiration, they may do so by giving written notice to the other party not less than sixty (60) days prior to the intended termination date. The Contractor shall be entitled to receive just and equitable compensation from the City for any satisfactory work completed prior to the termination. The Contractor will refund any unearned funds advanced by or received from the City. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contractor. The City may withhold any payments due the Contractor for the purposes of setoff until such time as the exact amount of damages due the City from the Contractor are determined. 11. Changes. The City may, from time to time, request changes in the Scope of Services of the Contractor as may be mutually agreed to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to the contract. 12. Venue. This contract is to be performed in Wichita County, Texas, which shall be the exclusive venue for any legal proceedings related to this agreement. This agreement made and entered into the 5th day of November, 2013. CITY OF WICHITA FALLS, TEXAS BY: ____________________________ Darron Leiker, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney WORK SERVICES CORPORATION BY: _____________________________